Ten days before Russellville and Dover are set to resume their legal battle in Pope County Circuit Court, Circuit Judge Dennis Sutterfield strongly urged the cities to restart settlement negotiations.

The latest chapter of the legal dispute between the two cities is scheduled for a three-day trial beginning March 24 in Sutterfield's court. The cities actively pursued settlement negotiations last year but have failed to reach an agreement to end the six-year-old lawsuit.

"I will tell you that this court is strongly encouraging you to settle this case," Sutterfield told attorneys for each city at a pre-trial hearing Friday. "(Without a settlement) I don't know how anyone can guarantee this (dispute) will end within the next decade."

Although Sutterfield will rule on this particular lawsuit following the trial, other actions and lawsuits could arise afterward, both sides indicated Friday. And the losing side would likely appeal this case to the Supreme Court.

Sutterfield acknowledged the parties previously attempted to reach a settlement.

"But I'm telling you to go back and try again," Sutterfield told the attorneys.

Russellville and other individuals sued Dover in 1997 to block the city from constructing a sewer treatment plant adjacent to Highway 7 near the Russellville city border. Russellville has twice won its claim in circuit court on summary judgment, but the Supreme Court has reversed the decision in Dover's favor both times, referring the case back to circuit court.

Sutterfield temporarily enjoined Dover from constructing a sewer treatment plant in 2001 after a day-long hearing until a full trial could take place. The case has been on hold due to other litigation between the two cities concerning a variety of annexations.

Attorneys for both cities weren't quick to consider returning to the bargaining table after the hearing.

"It's not something for the attorneys to decide at this point," said Alex Streett, an attorney who represents Russellville. "It's up to the cities now."

"The ball's in their court," Michael Robbins, Dover's city attorney, said after the hearing. "We have made an offer that we believe is more than fair, and they walked away from the table. The ball's in their court."

While the lawsuit has been pending, Russellville has annexed in a portion of the Dover property by a petition and the remainder through an annexation election. They have also zoned the Dover property as residential, which further hinders construction of a sewer plant there.

Dover has sued Russellville, attempting to stop both annexations. The petition annexation was allowed to stand by the Supreme Court in 2001, while the election annexation will be decided by Circuit Judge John Patterson after the Supreme Court remanded the case on Thursday.

At Friday's hearing, attorney James Dunham, representing Russellville, said the petition annexation included the land where Dover has received a permit to construct its sewer treatment plant, causing Dover to adhere to Russellville's planning laws. But Robbins said Dover may seek a separate construction permit for another spot on their property not included in that annexation.

If Dover was to receive that permit, another lawsuit could occur and extend the legal battle even further, Sutterfield noted, prompting him to again encourage an agreeable settlement.

"We have engaged in extensive settlement negotiations to this point, and the parties have not been able to achieve a settlement," Dunham said after the hearing. "Whether or not they can at this point, I don't know."